Bill Text: NY A08146 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to prenatal and postnatal care and testing and prevention of sexually transmitted diseases and HIV for prisoners.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to correction [A08146 Detail]
Download: New_York-2013-A08146-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8146
2013-2014 Regular Sessions
I N A S S E M B L Y
August 30, 2013
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to prenatal and postna-
tal care and testing and prevention of sexually transmitted diseases
and HIV for prisoners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 611 of the correction law is amended by adding
2 eleven new subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 to read
3 as follows:
4 4. ANY PREGNANT WOMAN CONFINED IN ANY INSTITUTION AS DEFINED IN PARA-
5 GRAPH (C) OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW OR
6 LOCAL CORRECTIONAL FACILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
7 SIXTEEN OF SECTION TWO OF THE CORRECTION LAW SHALL BE PROVIDED WITH
8 APPROPRIATE AND TIMELY PRENATAL AND POSTNATAL CARE INCLUDING BUT NOT
9 LIMITED TO THE FOLLOWING:
10 (A) GYNECOLOGICAL AND OBSTETRICAL CARE;
11 (B) MEDICAL DIETS FOR PRENATAL NUTRITION;
12 (C) ALL LABORATORY TESTS AS DEEMED NECESSARY BY MEDICAL PERSONNEL; AND
13 (D) SPECIAL HOUSING AS DEEMED NECESSARY BY MEDICAL PERSONNEL.
14 5. UPON REQUEST, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS, FEMALE
15 INMATES SHALL BE ENTITLED TO RECEIVE ABORTIONS IN AN APPROPRIATELY
16 EQUIPPED AND LICENSED MEDICAL FACILITY WITHIN A REASONABLE TIME-FRAME.
17 6. UPON REQUEST, PREGNANT INMATES SHALL BE PROVIDED ACCESS TO ADOPTION
18 OR FOSTER CARE SERVICES THROUGH THE DEPARTMENT'S SOCIAL SERVICE UNIT.
19 UNDER NO CIRCUMSTANCES WILL CORRECTIONAL OR HEALTH CARE PERSONNEL DELAY
20 OR DENY AN INMATE ACCESS TO SUCH SERVICES OR FORCE AN INMATE TO UTILIZE
21 EITHER SERVICE AGAINST HER WILL.
22 7. THE DEPARTMENT SHALL REQUIRE EVERY CORRECTIONAL FACILITY WHERE
23 INFANTS ARE HOUSED TO MAINTAIN AN INFANT NURSERY WITH EQUIPMENT AND
24 FURNISHINGS WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11700-01-3
A. 8146 2
1 (A) A SEPARATE FORMULA ROOM WHICH SHALL BE USED FOR NO PURPOSE OTHER
2 THAN PREPARATION OF INFANT FEEDINGS;
3 (B) A BASSINET OR CRIB APPROVED BY THE MEDICAL DIRECTOR FOR EACH
4 INFANT;
5 (C) A REFRIGERATOR USED FOR NO PURPOSE OTHER THAN THE STORAGE OF
6 INFANT FEEDINGS;
7 (D) EFFECTIVE SCREENING FOR ALL EXTERIOR DOORS AND WINDOWS USED FOR
8 VENTILATION;
9 (E) A FOOT-CONTROLLED, COVERED RECEPTACLE FOR THE DISPOSAL OF WET OR
10 SOILED DIAPERS, AND SANITARY EQUIPMENT FOR THE SANITARY DISPOSAL OF
11 LINEN OTHER THAN WET OR SOILED DIAPERS;
12 (F) SUFFICIENT QUANTITIES OF FRESH, CLEAN COVERS FOR SCALE PANS AND
13 CHANGING TABLES SUCH THAT EACH INFANT IS WEIGHED, DIAPER-CHANGED, EXAM-
14 INED OR TREATED ON A FRESHLY COVERED SCALE OR CHANGING TABLE;
15 (G) A SINK WITH HOT AND COLD RUNNING WATER, SOAP, AND DISPOSABLE TOWEL
16 DISPENSER; AND
17 (H) A LINEN INVENTORY SUFFICIENT TO MEET THE NEEDS OF THE NURSERY.
18 8. THE DEPARTMENT SHALL ARRANGE FOR THE REGULAR AND ON-CALL SERVICES
19 OF A PHYSICIAN WHO IS A BOARD-ELIGIBLE PEDIATRICIAN OR FAMILY PHYSICIAN
20 TO BE PROVIDED TO EACH INFANT HOUSED IN A CORRECTIONAL FACILITY.
21 9. THE DEPARTMENT SHALL REQUIRE EVERY CORRECTIONAL FACILITY WHICH
22 OPERATES A NURSERY TO ESTABLISH PROGRAMS OF PRESCRIPTION AND PROVISION
23 OF THERAPEUTIC NUTRITION AS ORDERED BY THE MEDICAL DIRECTOR IN CONSULTA-
24 TION WITH THE PEDIATRICIAN FOR ALL INFANTS IN NEED OF SUCH PROGRAMS.
25 10. EACH INFANT ADMITTED TO A FACILITY NURSERY SHALL HAVE A COMPLETE
26 PHYSICAL EXAMINATION WITHIN THIRTY DAYS OF ADMISSION WHICH SHALL BE
27 CONDUCTED BY A BOARD-ELIGIBLE PEDIATRICIAN OR FAMILY PRACTITIONER.
28 11. A PERMANENT INDIVIDUAL WRITTEN MEDICAL RECORD AND, IF APPROPRIATE,
29 DENTAL RECORD SHALL BE MAINTAINED FOR EACH INFANT HOUSED IN A CORREC-
30 TIONAL FACILITY.
31 12. THE COMMISSIONER SHALL DEVELOP AND REQUIRE IMPLEMENTATION OF A
32 WRITTEN HOUSEKEEPING PROCEDURE FOR ALL FACILITY NURSERIES.
33 13. ANY INFANT KNOWN TO BE EXPOSED TO OR DIAGNOSED WITH DIARRHEAL
34 DISEASE OR A COMMUNICABLE CONDITION CAUSING INTRACTABLE EMESIS, SHALL BE
35 HOUSED IN A ROOM PHYSICALLY SEPARATE FROM THE INFANT NURSERY AND SHALL
36 BE OBSERVED PENDING DIFFERENTIAL DIAGNOSIS.
37 14. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT THE AUTHORI-
38 TY AND RESPONSIBILITY OF THE DEPARTMENT TO TAKE LAWFUL ACTION TO SAFE-
39 GUARD THE WELFARE OF ANY INFANT IN ITS CARE AND CUSTODY.
40 S 2. The correction law is amended by adding a new section 141-a to
41 read as follows:
42 S 141-A. SEXUALLY TRANSMITTED DISEASES AND HIV; TESTING AND
43 PREVENTION. 1. THE COMMISSIONER SHALL DEVELOP PROTOCOLS FOR THE TREAT-
44 MENT OF HIV-RELATED ILLNESSES THAT ARE CONSISTENT WITH ACCEPTED PROFES-
45 SIONAL STANDARDS AND SOUND PROFESSIONAL JUDGMENT AND PRACTICE. ALL
46 PRACTICES AFFECTING THE TREATMENT OR CARE OF PEOPLE WITH HIV INFECTION
47 SHALL BE IN COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS.
48 2. ALL SERVICES FOR HIV-RELATED DISEASE SHALL BE PROVIDED IN A MANNER
49 THAT INSURES CONFIDENTIALITY. SEGREGATION BASED SOLELY UPON THIS DIAGNO-
50 SIS SHALL BE PROHIBITED.
51 3. TESTING FOR HIV INFECTION WILL BE VOLUNTARY AND PERFORMED ONLY WITH
52 SPECIFIC INFORMED CONSENT AND APPROPRIATE PRE- AND POST-TEST COUNSELING.
53 4. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT PROGRAMS IN EVERY
54 CORRECTIONAL FACILITY TO PREVENT THE SPREAD OF SEXUALLY TRANSMITTED
55 DISEASES AND HIV FOR EMPLOYEES AND INMATES, INCLUDING EDUCATION,
A. 8146 3
1 OUTREACH, HARM REDUCTION, OFFERING TESTING, AND AVAILABILITY FOR PROPHY-
2 LACTIC DEVICES.
3 5. IN DEVELOPING PROGRAMS FOR THE PREVENTION OF SEXUALLY TRANSMITTED
4 DISEASES AND HIV, THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER
5 OF HEALTH TO IDENTIFY AND SELECT CURRICULA THAT ARE LIKELY TO BE EFFEC-
6 TIVE IN REDUCING TRANSMISSION OF INFECTIOUS DISEASES WITHIN CORRECTIONAL
7 FACILITIES AND TO CONTACTS OF PRISONERS UPON THEIR RELEASE.
8 S 3. This act shall take effect on the sixtieth day after it shall
9 have become a law; provided that the addition, amendment and/or repeal
10 of any rule or regulation necessary for the implementation of this act
11 on its effective date is authorized to be made on or before such date.
